. ,- - 

Honorable 0. C. Olsen 

C0unt.y Attorney 

Wlnkler County 

Kermit, Texas 

Dear Sir: Opinion No. O-6824 

Re: Whether a petltlon to the 

Commlasloners~ Court of 

Wlnkler County requesting 

theeatabllahment of two 

county hospitals from the 

proceeds of one bond election Is legal; If not, will 

It prevent an election on a 

second petition for the 

establishment of one hospltal? 

Your request for our opinion on the above questions reads as 

Pol,lows z

"To the Honorable J. B. Salmon, County Judge of Wlnkler 

County. Texas. there has been preaented what Is purported to 

be a pktitlonFreading as follows: 

TO THE HONORABLE 

", PETITION 

COMMISSIONERS COURT OF WINKLER COUNTY, 

TEXAS: 

We, the undersigned property owners of Wlnkler County, 

Texas, do hereby petition and pray that an election be 

ordered In and throughout said Wlnkler County, submitting to the qualified voters of said County, the 

proposition for the issuance ef bonda of said county 

in the sum of One Hundre~d Fifty Thauaand ($150,000) 

Dollars for the purpose of acquiring sites, construction, and equipment of two hospltal units in Wlnkler 

County; said sums to be allocated as follows: $100,000 

for the building and equipping of a modern hospital to 

be located within the city limits of Kermit, Texas, 

and $50,000 for the building and equipping of a modern 
"On the same day that the above ,purported petition 

was delivered to the County Judge oi,Wlnkler County, 

Texas, but at a later hour ln that same day there was 

presented to the same said County Judge a petition 

praying for the calllng.of an election for the acquiring 

of a site, and the establishing, erection, construction, 

and equipping of a County Hospital in Wlnkler County, 

Texas ; such hospital to be located In Kermit, Texas, 

"The Commissioners Court of Wlnkler County, Texas, 

has asked that I secure from you an opinion on the 

following: 

,~ 

“1. 

“2 . 

“3 . 

Does the CommissIonera Court of Winkler County, 

Texas, have the authority to establish two (2) 

modern hospitals from funds, or proceeds of one 

bond election? 

Is this purported petition as above set out a 

lawful petition since It aske for the doing of 

something not authorized by law? 

If this purported petition la unlawful, can it 

bp dimregarded by the Commissioners' Court of 

Winkler County, Texas, a%% be declared by them 

to not be such a petition a8 would prevent such 

CommLssloners' Court from 8&&w. upon the petition that was delivered later in that same day 

as the above eet out purported petition was 

delivered? 

ilon. G. C. Olsen, page 2 (0-6824) 

hospital to be located with&the city limits of 

Wink, Texas; and whether or not an ad valorem tax 

shall be levied on all taxable property in said 

county for the purpose of paying the interest on 

said bonds and to provide a sinking fund for the 

redemption thereof at maturity. 

‘My opinion on this matter Is as followe: taking the 

matter by 1, 2, and 3 abover 

“l., Under Article 4478, V..A,. C. S., authority is 

given to Commissioners1 .Courts to establish a 

:county hospital, and throughout that said 

Article the singular and never the plural is 

used. It la my opinion that the Commissioners' 

Court of Wlnkler County, Texas, could build 

only one hospital at this time, and thereafter 

under Article 4490 they could maintain more 

than one hospital. 
’ . - 

Hon. ff. C. Olsen, page 3 (C-6824) 

“2. 'This purported petition la not a lawful 

one since it Is for the calling of an 

election for the doing of something that 

is not authorized by law to be done. 

“3 . Since this purported petition is unlawful, 

it does not have to be regarded by the Commissioners Court of Winkler County, Texas, 

for any purpose, and It is not such a petltion as would require twelve months to pass 

before the Commissioners Court could act 

upon the petition that was delivered to the 

County Judge of Wlnkler County, Texas, later 

on that same day as the above pur orted 

petition was delivered. Article $ 478 states 

that 'qualified property tax paying voters' 

are the one to'petltlon, and not 'property 

owners' as the above set out purported petltion recites. 

"According to the 1940 Federal Census, Wlnkler County 

had a population of 6,141. 

“Due to the fact that Senate Bill 191 of the United 

States Congress probably will soon become a law, and Winkler 

County, Texas wants to be In a position to participate In 

the benefits of that Bill, I have been requested by the 

Commissioners Court of Wlnkler County, Texas to rtspectfully ask that you give this matter your preferred attentlon and let your opinion come forward as soon as possible. 

"I have searched and failed to find any cases in point 

on the matters expressed In this letter." 

The general rule relative to the proper Interpretation of 

statutes la that the intention and meaning of the Legislature 

must be aaoertafntd from the language of the statutes read as 

a whole. Title 71, Chapter 5, Articles 4478-4494a, Vernon's 

Annotated Civil Statutes, em the statutes giving power to the 

Commlaslontrs' Court, t o tatabl~ b county hospital and to 

enlarge any tistfag hoapitels. Thtcru atatutts make provision 

for a 'a county hospital," and all of said statutes that set 

out the power of the various parties authorized to build, 

equip and manage said hospital deal only with 'a county hoapital." The only provisions in any of said statutes that could 

be construed to mean more than 'a county hospital" are 

Article 449~Y~~~: is applicable In counties which may have a 

city of rnox?& t;han 10,ooO persona, and Article 4494, which 

autharizts two or more adjacent counties to join for the pur- 
Hon. G. C. Olsen, page 4 (O-6824) 

poses of this law and erect one or more hospitals for their 

joint use, but neither of said provisions applies here. It is 

our opinion, therefore, that it was the intention of the Legislature to authorize only one county hospital in a county such 

as Winkler County where it is not sought to join with any 

other county for such purpose. 

Accordingly, it is our opinion that the Commissioners 

Court of Winkler County does not have the authority to establish two hospitals from the proceeds of a bond election under 

the facts stated. We do not think the purported petition for 

twq county,hospltals set out in your request is a lawful 

petition, since, under the facts stated, the Commissioners' 

Court has no authority to establish two county hospitals in 

Winkler County. We are also of the opinion that the petition 

for two county hospitals can be disregarded by the Conunissioners' Court, or, In other words, it can be denied by the Court, 

and the second petition may be approved or rejected by the 

Court as the law and the facts may require. 

Yours very truly, 

ATTOHNEY GENEHAL OF TEXAS 

JWB:LJ 

APPROVED SEP 29 1945 

/s/ Carlo8 C. Ashley 

FIRST ASSISTANT 

ATTORNEY GENERAL 

By /s/ Jas. W. Bassett 

Jas. W. Bassett 

Assistant 

THIS OPINION 

CONSIDERED AND 

APPROVED IN 

LIMITED 

CONFERENCE